This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79R775 EMT-D

By:  Dutton                                                       H.B. No. 436



A BILL TO BE ENTITLED

AN ACT

relating to criminal and civil penalties for committing certain 
offenses involving prostitution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 43.03(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a state jail felony
[Class A misdemeanor].
	SECTION 2.  Article 59.01(2), Code of Criminal Procedure, as 
amended by Section 2.141, Chapter 198, Section 17, Chapter 257, and 
Section 3, Chapter 649, Acts of the 78th Legislature, Regular 
Session, 2003, is reenacted and amended to read as follows:
		(2)  "Contraband" means property of any nature, 
including real, personal, tangible, or intangible, that is:
			(A)  used in the commission of:                                              
				(i)  any first or second degree felony under 
the Penal Code;              
				(ii)  any felony under Section 15.031(b), 
21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 31, 32, 
33, 33A, or 35, Penal Code;  [or]
				(iii)  any felony under The Securities Act 
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
				(iv)  a misdemeanor under Section 
43.02(a)(2), Penal Code, except that for the purpose of this 
subparagraph only, the property that constitutes contraband is a 
motor vehicle used in the commission of the offense;
			(B)  used or intended to be used in the commission 
of:                     
				(i)  any felony under Chapter 481, Health 
and Safety Code (Texas Controlled Substances Act);
				(ii)  any felony under Chapter 483, Health 
and Safety Code;               
				(iii)  a felony under Chapter 153, Finance 
Code;                          
				(iv)  any felony under Chapter 34, Penal 
Code;                            
				(v)  a Class A misdemeanor under Subchapter 
B, Chapter 365, Health and Safety Code, if the defendant has been 
previously convicted twice of an offense under that subchapter;
				(vi)  any felony under Chapter 152, Finance 
Code; [or]   
				(vii)  any felony under Chapter 31, 32, or 
37, Penal Code, that involves the state Medicaid program, or any 
felony under Chapter 36, Human Resources Code; or
				(viii) [(vii)]  a Class B misdemeanor under 
Section 35.58, Business & Commerce Code;
			(C)  the proceeds gained from the commission of a 
felony listed in Paragraph (A) or (B) of this subdivision, a 
misdemeanor listed in Paragraph (B)(viii) [(B)(vii)] of this 
subdivision, or a crime of violence; or
			(D)  acquired with proceeds gained from the 
commission of a felony listed in Paragraph (A) or (B) of this 
subdivision, a misdemeanor listed in Paragraph (B)(viii)
[(B)(vii)] of this subdivision, or a crime of violence.
	SECTION 3.  The change in law made by Section 1 of this Act 
applies only to an offense committed on or after the effective date 
of this Act.   An offense committed before the effective date of 
this Act is covered by the law in effect when the offense was 
committed, and the former law is continued in effect for that 
purpose.  For purposes of this section, an offense is committed 
before the effective date of this Act if any element of the offense 
occurs before that date.
	SECTION 4.  The change in law made by Section 2 of this Act 
applies only to the forfeiture of contraband used in the commission 
of an offense under Section 43.02(a)(2), Penal Code, committed on 
or after the effective date of this Act.    Forfeiture of contraband 
used in the commission of an offense under Section 43.02(a)(2), 
Penal Code, committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose. For purposes of 
this section, an offense is committed before the effective date of 
this Act if any element of the offense occurs before that date.
	SECTION 5.  This Act takes effect September 1, 2005.